Volume 12,
Issue 4,
2010

Why the Local Government Project is now called the Local Democracy, Peace and Human Security Project

After more than 10 years as a leading policy think-tank on local government in South Africa, the CLC's Local Government Project has been renamed the Local Democracy, Peace and Human Security Project. While local government in South Africa remains a core focus of our work, the new name reflects our expanding horizons as a policy research centre. Along with the new name is a new website, which can be accessed at www.ldphs.org.za.

Community protests, often accompanied by violence, remain the order of the day. These protests are a medium through which local residents demonstrate their frustration. They 'invent' spaces in which they can voice their discontent, despite the fact that they are 'invited' to spaces where they can make their views heard. One such 'invited' space is the voting booth: next year, voters have an opportunity to hold their municipal councillors to account.

Moves are afoot to professionalise the administrative arm of local government. First, the National Treasury has prescribed a competency framework for municipal officials at senior and middle management levels. All senior and middle managers must have acquired the prescribed competencies by 1 January 2013, after which no candidate without the requisite competencies can be appointed. These regulations also make it necessary for current employees to attain these competencies by 31 December 2012.

The ANC's National General Council (NGC) is a forum at which the organisation's progress and challenges are reviewed between national conferences. It is the highest body of the ANC, after the national congress, and convenes every five years. The third NGC, which sought to review the ANC's performance against policies adopted by the Polokwane conference, was held in Durban in September. Its important outcome for the local governance sector is that there will soon be a summit on local government.

The Community Law Centre, in partnership with the German Agency for Technical Cooperation (GTZ) and SALGA, recently completed a research project on the phenomenon of rates withholding in five South African municipalities. 'Rates withholding' is the practice by ratepayers of withholding their property rates and, in some cases, fees for municipal services because they believe that municipalities are not delivering. We argue that this practice, though less visible than service delivery protests, is equally destructive.

The courts view the blacklisting of suppliers by the National Treasury in a very serious light and confirm that organs of state are allowed to cancel contracts concluded with suppliers who, when tendering for a contract, knowingly and wrongfully fail to disclose their inclusion on the National Treasury's database as companies or persons prohibited from doing business with the public sector.

In 2009, SALGA recommended to the Local Government Budget Forum that there should be a review of many aspects of fiscal policies in relation to municipal finances. This year SALGA proposed a comprehensive review of the local government fiscal framework (LGFF). While there have been some ad hoc policy changes over the past few years, many remain incomplete or unattended to. In SALGA's view, the review of the LGFF should address the fundamental structural challenges, rather than introducing minor ad hoc adjustments, if it is to improve operational efficiency in the short and long term.

On 28 October 2010, the National Assembly adopted a Bill that seeks to amend the Municipal Electoral Act (Act 27 of 2000). The Bill will now await approval by the National Council of Provinces (NCOP). The proposed law seeks to introduce rules to increase the number of agents at voting stations (for both political parties and individual candidates), depending on the number of the voting rooms/places in a station; to provide for the alteration of boundaries for voting stations if necessary; and also to clarify some of the rights and responsibilities to voters who need assistance. The amending Bill will further allow for special votes, after a voting period has ended, to cater for voters who were not able to vote in the districts where they had registered.

Political disagreements in a municipal council sometimes lead to stalemates on important matters such as the adoption of a municipal budget. Failure to adopt a budget by 30 June triggers the question: must the provincial government intervene, and, if so, how? This matter was the subject of a recent ruling of the Western Cape High Court. In this case, the High Court for the first time addressed the mandatory provisions of section 139(4) of the Constitution.

On 30 September 2010, the Community Law Centre launched a book entitled The future of local government in Zimbabwe: A policy dialogue in Harare, Zimbabwe. The launch was attended by the Deputy Minister for Local Government, Rural and Urban Development, Sesel Zvidzai, MP; the mayor of Harare, Muchadeyi Masunda; and other dignitaries. Zemelak Ayele summarises the book's content.

In 1999, eThekwini municipality allocated two account numbers to the Croftdene Mall (the applicant) and a company by the name of Croftas Holdings (Pty) Ltd, which underwent liquidation the same year. During the period of liquidation, some of the units in the mall were sold out under sectional titles. It later became unclear as to who was liable - between the liquidators, the applicant and the municipality - for electricity and water user charges, interests and penalties, some of which dated as far back as 31 January 1997. However, in October 2006, the municipality had already consolidated the two accounts.